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Constitutional developments in a Himalayan Kingdom : : the experience of Nepal
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Malagodi, Mara (2013) Constitutional developments in a Himalayan Kingdom : : the experience of Nepal. In: Khilnani, Sunil and Raghavan, Vikram and Thiruvengadam, Arun K., (eds.) Comparative Constitutionalism in South Asia. Delhi: Oxford University Press, pp. 86-115. ISBN 9780199660964
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Official URL: http://doi.org/10.1093/acprof:oso/9780198081760.00...
Abstract
This chapter offers an account of Nepal's constitutional developments over the years in light of the ‘interaction between indigenous law and transplanted law’. The author reflects upon the modalities of the political transformations that have occurred in Nepal over the past 250 years, with particular reference to the influence of external legal and political concepts. After tracing the constitutional history of Nepal, the author examines the 1990 Constitution and its demise, and what it tells us about political processes in Nepal between 1990 and early 2007, and about democratic politics in the country more generally. It argues that it was a flawed constitution that failed to adequately accommodate the aspirations of the people. The promulgation of the 2007 Interim Constitution has endeavoured to ignite a process of state restructuring and the creation of a ‘New Nepal’. A new document recognizing Nepal's inner plurality, rooted in social hybridity and fostering a civic sense of belonging, with an emphasis on citizenship and rights rather than constitutional arrangements based on a polarized essentializing identity lines, is the need of the hour. The long-term success of the political process currently underway to establish lasting peace in Nepal will depend ultimately upon whether the present constitution-making endeavours achieve consensus and stability.
Item Type: | Book Item | ||||
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Divisions: | Faculty of Social Sciences > School of Law | ||||
Publisher: | Oxford University Press | ||||
Place of Publication: | Delhi | ||||
ISBN: | 9780199660964 | ||||
Book Title: | Comparative Constitutionalism in South Asia | ||||
Editor: | Khilnani, Sunil and Raghavan, Vikram and Thiruvengadam, Arun K. | ||||
Official Date: | 2013 | ||||
Dates: |
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Page Range: | pp. 86-115 | ||||
DOI: | 10.1093/acprof:oso/9780198081760.003.0004 | ||||
Status: | Peer Reviewed | ||||
Publication Status: | Published | ||||
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